HomeMy WebLinkAbout1983-04-05; City Council; 7306-1; James Drive Assessment DistrictCIT\ F CARLSBAD — AGENDA JILL
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TITLE:•"***• JAMES DRIVE ASSESSMENT DISTRICT
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RECOMMENDED ACTION:
Adopt Resolution approving consultant agreeements and
adopt Resolution No^/f^authori zing Mayor to execute and
appropriate funds.
ITEM EXPLANATION:
On March 1, 1983, the Council authorized Staff to proceed, with an
assessment district for James Drive. The Engineering Staff has
received proposals for the engineering and assessment work on the
district. Two agreements have been developed. One is for legal
services for Brown and Nazarek, and the other is for engineering
services for the firm of Berryman and Stephenson.
FISCAL IMPACT:
The special counsel agreement is for 2% of confirmed assessment,
or on an estimated $8,000, based on a $400,000'preliminary cost.
If the proceedings are abandoned, the maximum fee would be $1,250
The total
$43,550.
cost of the Berryman and Stephenson agreement would be
Funds in the amount of approximately $95,000 are in the Special
Assessment Revolving Fund, Account No. 80-92-44-0519. However,
only $40,000 of it is appropriated and $11,550 will be needed for
expenditures. An appropriation limit of $60,000 has been established
to cover these costs plus in-house engineering and incidentals.
These costs are reimbursable from the proceedings of the district.
EXHIBITS:
1. Agreement: Brown and Nazarek - Special Counsel Agreement
2. Agreement: Berryman and Stephenson - Engineering and assessment
proceedings.
3. Resolution No.*7/y*/ authorizing Mayor to execute agreements for
Brown and Nazarek and for Berryman and Stephenson.
4. Resolution No.uthorizing $11,550 in additional appropriations
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RESOLUTION NO.7184
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AGREEMENTS
BETWEEN THE CITY OF CARLSBAD AND THE FIRMS OF
BROWN AND NAZAREK, AND BERRYMAN AND STEPHENSON,
INC.
The Ci\y Council of the City of Carlsbad, California, does
hereby resolveXas follows:
1. That certain agreement between the City of Carlsbad and the
firm of Brown and Nazarek for legal counsel and provision of docu-
ments for the James oVive Assessment District, which is attached on
Exhibit A and made a past hereof, is\ hereby approved.
2. That certain agre\men\t c^etwepn the City of Carlsbad and the
firm of Berryman and Stenheri^pri;, Inc/ for civil engineering and
assessment engineering \fcr J^me^ Drive Assessment District, which is
attached hereto and incorporated tjerein by reference, is hereby
approved.
3. The Mayor of\the City of Car\sbad is hereby authorized and
directed to execute said agreements for\md on behalf of the City of
Carlsbad. \
\
PASSED, APPROVED AND ADOPTED at a regul\r meeting of the City
Council of the City of Carlsbad held the &ay of
1983, by the following vote, to wit:
AYES:
NOES:
ABSENT:
MARY H. CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
AGREEMENT FOR PREPARATION OF PLANS AND SPECIFICATIONS
FOR JAMES DRIVE ASSESSMENT DISTRICT
THIS AGREEMENT, made and entered into as of the day
of , 19_ , by and between the CITY OF CARLSBAD, a
municipal corporation, hereinafter referred to as "City," and BERRYMAN
AND STEPHENSON, INC., a civil engineering firm, hereinafter referred
to as "Consultant."
RECITALS
City requires the services of an engineering consulting firm
to provide the necessary engineering services for preparation of final
plans and specifications for the James Drive Assessment District; and
Consultant possesses the necessary skills and qualifications to
provide the services required by City;
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, City and Consultant agree as
follows:
I. CONSULTANT'S OBLIGATIONS
(A) Scope of Work
The Consultant shall prepare the plans, specifications and bid
documents and assessment district documents for the construction of
the James Drive from Basswood to Approximately 525' North of
Basswood. In addition, all existing facilities requiring removal,
redesign or restoration due to project construction shall be included
in the contract. Any additionally needed right-of-way acquisitions
and documents shall be provided by the Consultant.
(B) Procedure
The Consultant shall prepare all necessary assessment
district documents for James Drive Assessment. In order to do this,
the Consultant shall work closely with the assessment attorney
designated by the City. Such work shall include all necessary work to
satisfy the special assessment Investigation and Majority Protest Act
of 1931. This shall include the timely submittal of all engineering
and assessment reports required under the assessment procedure.
The Consultant shall submit a complete civil design package
which shall consist of the following:
1. All surveys necessary to obtain precise and clear locations of
rights-of-way and proposed street construction. Rights- of-way shall
be located precisely in relationship to the control line used.
2. Utility research and provision of utilities and tentative
disposition or relocation of any interfering utilities.
3. Outline of design alternatives and cost-saving measures and
preliminary layout plan of the various alternatives.
4. Complete calculations for the street design.
5. A complete set of reproducible plans in accordance with City
requirements. Drawings shall be neat and legible with dimensions to
all installations. Details should provide for clear and definite
manner of installation. Type, grade, and quality of all materials
required should be clearly indicated.
6. Plans and specifications shall be certified as to correctness,
and signed by a registered civil engineer and R.C.E. number provided.
7. The following items should appear on the final drawings (this
list is indicative, not exhaustive):
a. A plan and profile of the street construction work.
b. Utilities with current ownership and disposition.
c. Trenching details and pavement restoration. ^
8. Specifications shall be provided in conformance with appropriate
CSI Standards and the 1982 edition of Standard Specifications for
Public Works Contracts and Caltrans Standards applicable.
9. Provisions for staged construction, if any are required.
10. Final quantity and cost estimates.
11. Fifty copies of plans and specifications for advertisement.
12. All plans and specifications and submitted items shall be
developed in a form satisfactory to the City.
Attached as Appendix A is itemized breakdown of items under the
contract.
II. CITY'S OBLIGATIONS
The scope of City staff responsibilities shall be as follows:
(a) Supply the preliminary design and specification for reference
only.
(b) The City will make available upon request any documentary record
or existing right-of-way data available to it.
(c) Blank mylars for this project shall be supplied by the City.
(d) Provide review of consultant's submittal in accordance with an
agreed schedule.
(e) Provide payment of approved invoices within 30 days of approval.
Ill PROGRESS AND COMPLETION
The work under this contract will begin within ten days after
receipt of notification to proceed by the City and be completed within
the following periods of that date.
a. preliminary study Two months
b. Debt report Two months
c. Engineering Design Three months after debt limit report
d. Assessment Engineering — Seven months after debt limit report
The Consultant has prepared a critical path schedule which is attached
hereto as Exhibit A and made a part of the scheduling of this Project.
Extensions of time may be granted if requested by the Consultant and
agreed to in writing by the City Engineer. In consideration of such
requests of extension of time, the City Engineer will give allowance
for documented and substantiated unforseeable and unavoidable delays
not caused by lack of foresight on the part of the Consultant, or
delays caused by City inaction or other agencies' lack of timely
action.
IV. FEES TO BE PAID TO CONSULTANT
The total fee payable according to paragraph V shall be $43,550.
No other compensation for services will be allowed except those items
covered by supplemental agreements per paragraph VI, Changes in Work.
V. PAYMENT OF FEES
Payment for work performed shall be under the following schedule:
1. Preliminary Study $ 9,900.00
2. Debt Limit $ 7,600.00
3. Engineering Design $18,850.00
4. Assessment Engineering $ 7,200.00
Work maybe terminated at anytime or portion thereof.
VI. FINAL SUBMISSIONS
Within 10 days of the approval of the final design package,
the Consultant will deliver:
(a) Original mylars at scale of the drawings reproducible on
standard 24" by 36"sheets. Quality of mylars submitted shall
be subject to the approval of the City.
(b) All final engineering certificatons and documents.
The plans shall be signed and certified to correctness by
a registered civil engineer.
(c) Fifty copies of the plans and specifications in a
form suitably bound and on while paper. A reduced set of
drawings shall be bound into each set of specificatons.
VII. CHANGES IN WORK
If, in the course of this contract and design changes seem
merited to the Consultant or to the City, and informal
consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Consultant or the City
may request a change in contract. Such changes shall be processed by
the City in the following manner: A letter outlining the required
changes shall be forwarded to the City or Consultant to inform them of
the proposed changes along with a statement of estimated changes in
charges or time schedule. After reaching mutual agreement on the
proposal, a supplemental agreement shall be prepared by the City and
approved by the City Council. Such supplemental agreement shall not
render ineffective or invalidate unaffected portions of the
agreement. Changes requiring immediate action by the Consultant or
City shall be ordered by the City Engineer who will inform a principal
of the Consultant's firm of the necessity of such action and follow
up with a supplemental agreement covering such work.
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VIII. DESIGN STANDARDS
The Consultant shall prepare the plans and specifications in
accordance with the design standards of the City of Carlsbad and
recognized current design practices. Applicable City of Carlsbad
standards and regional standards shall be used where appropriate.
Copies of such standards shall be obtained from the City of Carlsbad.
IX. COVENANT AGAINST CONTIGENT FEES
The Consultant warrants that their firm has not employed or
retained any company or person, other than a bona fide employee
working for the Consultant, to solicit or secure this agreement, and
that Consultant has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration contingent upon, or
resulting from, the award or making this agreement. For breach or
violation of this warranty, the City shall have the right to annul
this agreement without liability, or, in its discretion, to deduct
from the agreement price or consideration, or otherwise recover, the
full amount of such fee, commission, percentage, brokerage fee, gift
or contingent fee.
X. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal
Ordinances regarding nondiscrimination.
XI. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute, deliver,
or perform the work as provided for in this contract, the City may
terminate this contract for nonperformance by notifying the Consultant
by certified mail of the termination of the contract. The Consultant,
thereupon, has five working days to deliver said documents owned by
the City and all work in progress to the City Engineer. The City
Engineer shall make a determination of fact based upon the documents
delivered to City of the percentage of work which the Consultant has
performed which is acceptable in compliance with the scope of workand
of worth to the City in having the contract completed. Based upon
that finding as reported to the City Council, the Council shall
determine the final payment of the contract.
XII. DISPUTES
If a dispute should arise regarding the performance of work under
this agreement, the following procedure shall be used to resolve any
question of fact or interpretation not otherwise settled by agreement
between parties. Such questions, if they become identified as a part
of a dispute among persons operating under the provisions of this
contract, shall be reduced to writing by the principal of the
Consultant or the City Engineer. A copy of such documented dispute
shall be forwarded to both parties involved along with recommended
methods of resolution which would be of benefit to both parties. The
City Engineer or principal receiving the letter shall reply to the
letter along with a recommended method of resolution within ten days.
If the resolution thus obtained is unsatisfactory to the aggrieved
party, a letter outlining the dispute shall be forwarded to the City
Council for their resolution through the office of the City Manager.
The City Council may then opt to consider a directed solution to the
problem. In such cases, the action of the City Council shall be
binding upon the parties involved, although nothing in this procedure
shall prohibit the parties seeking remedies available to them at law.
XIII. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services of
designing and providing drawings for bridge and street design, any
payments made to Consultant are compensation solely for such services.
Consultant shall certify as to the correctness of all designs and
sign all plans, specifications and estimates furnished with Registered
Civil Engineer's number, or landscape Architect's registration
number.
XIV. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tender-
ing 30 days written notice to the other party. In the event of such
suspension or termination, upon request of the City, the Consultant
shall assemble the work product and put same in order for proper
filing and closing and deliver said product to City. In the event of
termination, the Consultant shall be paid for work performed to the
termination date; however, the total shall not exceed the guaranteed
total maximum. The City shall make the final determination as to the
portions of tasks completed and the compensation to be made.
Compensation to be made in compliance with the Code of Federal
Regulations.
XV. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in
Consultant's own way as an independent contractor and in pursuit of
Consultant's independent calling, and not as an employee of the City.
Consultant shall be under control of the City only as to the result to
be accomplished and the personnel assigned to the project, but shall
consult with the City as provided for in the request for proposal.
XVI. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications to
conform to all applicable requirements of law: Federal, State, and
local. Consultant shall provide all necessary supporting documents,
to be filed with any agencies whose approval is necessary for the
design of this project.
The city will provide copies of the approved plans to any
other agencies.
XVII. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports and
specifications as herein required are the property of the City,
whether the work for which they are made be executed or not. In the
event this contract is terminated, all documents, plans,
specifications, drawings, reports and studies shall be delivered
forthwith to the City. Consultant shall have the right to make one
copy of the plans for his/her records.
XVIII.HOLD HARMLESS AGREEMENT
The City, its agents, officers and employees shall not be
liable for any claims, liabilities, penalties, fines, or any damage to
goods, properties, or effects of any person whatever, nor for personal
injuries or death caused by, or resulting from, or claimed to have
been caused by, or resulting from, any act or omission of Consultant
or Consultant's agents, employees or representatives. Consultant
agrees to defend, indemnify and save free and harmless the City and
its authorized agents, officers, and employees against any of the
foregoing liabilities or claims of any kind and any cost and expense
that is incurred by the City on account of any of the foregoing
liabilities, including liabilities or claims by reason of
alleged defects in any plans and specifications, unless the liability
or claim is due, or arises out of, solely to the City's negligence.
XIX. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part
thereof or any monies due thereunder without the prior written consent
of the City.
XX. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be
performed under this contract by the Consultant, Consultant shall be
fully responsible to the City for the acts and omissions of
Consultant's subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Consultant is for the
acts and omissions of persons directly employed by Consultant.
Nothing contained in this contract shall create any contractual
relationship between any subcontractor of Consultant and the City.
The Consultant shall bind every subcontractor and every subcontractor
of a subcontractor by the terms of this contract applicable to
Consultant's work unless specifically noted to the contrary in the
subcontract in question approved in writing by the City.
XXI. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on
behalf of the City to negotiate, make, accept, or approve, or take
part in negotiating, making, accepting, or approving of any
architectural, engineering inspection, construction or material supply
contractor, or any subcontractor in connection with the construction
of the project, shall become directly or indirectly interested
personally in this contract or in any part thereof. No officer,
employee, architect, attorney, engineer, or inspector of or for the
City who is authorized in such capacity and on behalf of the City to
exercise any executive, supervisory, or other similar functions in
connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any
part thereof.
XXII. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent,
or employee of the City, either before, during, or after the execution
of this contract, shall affect or modify any of the terms or
obligations herein contained nor such verbal agreement or conversation
entitle the Consultant to any additional payment whatsoever under the
terms of this contract.
XXIII.SUCCESSORS OR ASSIGNS
Subject to the provisions of paragraph XVIII, Hold Harmless
Agreement, all terms, conditions, and provisions hereof shall insure
to and shall bind each of the parties hereto, and each of their
respective heirs, executors, administrators, successors and assigns.
XXIV. EFFECTIVE DATE
This agreement shall be effective on and from the day and
year first above written.
XXV. CONFLICT OF INTEREST
The Consultant shall file a conflict of interest statement
with the City Clerk of the City of Carlsbad. The Consultant shall
report investments or interests in real property within the
jurisdictional limits of the City of Carlsbad.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
CITY OF CARLSBAD BERRYMAN and STEPHENSON, INC.
Mayor
Title
ATTEST: APPROVED AS TO FORM:
City Cleric Assistant City Attorney
ATTACHMENT A
BREAKDOWN OF ESTIMATED FEE
PRELIMINARY STUDY $9,900.00
Right of Way
Title Work
Appraisals
Preliminary Design, Quantity & Cost Estimate
Survey
Preliminary Assessment Spread
Project Management
Reproduction and Miscellaneous
DEBT REPORT $7,600.011
Boundary Map
Debt Limit Report and Accessories
Meetings
Project Management
Reproduction, Miscellaneous
ENGINEERING DESIGN $ 1 8 , 850 .TR)
Desing & PS&E
Project Engineer 48 hrs
Senior Designer 68 hrs
Draftsman 70 hrs
Clerical 18 hrs
Legal Descriptions
Negotiations
Agreements/Documents
Meetings (City)
Project Management
Reproduction and Miscellaneous
ASSESSMENT ENGINEERING $7,200.00
Assessment Diagram
Assessment Roll & Analyze Protests
Meetings
Project Management
Reproduction and Miscellaneous
SPECIAL COUNSEL AGREEMENT
THIS AGREEMENT is made and entered into this day of ,
1983, by and between the CITY OF CARLSBAD, CALIFORNIA, a public corporation
(hereinafter referred to as "City"), and BROWN & NAZAREK, Attorneys at Law,
(hereinafter referred to as "Counsel").
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows:
SECTION 1. That Counsel shall perform legal services in connection with the pro-
posed assessment proceedings and bond issuance in the matter of a
proposed special assessment district known and designated as
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
(hereinafter referred to as the "Assessment District") under proceed-
ings conducted pursuant to the provisions of the- "Municipal Improve-
ment Act of 1913", being Division 12 of the Streets and Highways Code
of the State of California.
'. Said services shall include:
'. A. Review of the dedication and acquisition of the streets and ease-
ments or other property in which proposed work is to be performed;
B. Examination of the plans and specifications for the proposed work,
the boundary map and assessment diagram of the Assessment Dist-
rict, the assessment roll and bonds, and the giving of
instructions and advice in connection with the foregoing;
C. Recommendations as to procedure, schedules and actions that should
be conducted and taken;
D. Preparation of all resolutions, notices, contracts, bond forms,
and other papers and documents required in the proceedings;
E. Examination of the proceedings, step by step, as taken;
F. Appear at all hearings under the proceedings, and attend any meet-
ing where attendance is requested;
6. Hake recommendations as to sale of bonds, if desired;
H. Perform legal services, if required, pursuant to the provisions of
the "Special Assessment Investigation, Limitation and Majority
Protest Act of 1931", being Division 4 of the Streets and Highways
Code of the State of California;
I. Issuance of an unqualified legal opinion attesting to the validity
of the proceedings and the issuance of the bonds.
Such legal services shall not include any services in connection with
the acquisition, by easement or condemnation, of any easements or
other interest in real property necessary for the proposed improve-
ments. These services can be provided by Counsel, by separate agree-
ment, if desired by City.
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SECTION 2. That the City shall perform as follows:
A. Furnish to Counsel such maps, records, title searches, and other
documents and proceedings, or certified copies thereof, as may be
reasonably required by Counsel in the performance of the services
hereunder;
B. Pay to Counsel a fee computed on the confirmed assessment
ai follows:
TWO PERCENT (2%) on the first $500,000;
ONE PERCENT (1%) from $500,001 to $1,500,000;
ONE-HALF PERCENT (.50%) on the balance thereof.
C. Payment of the above-referenced fee shall be as follows:
All due and payable upon receipt of money from the sale and deli-
very of bonds to the successful underwriter.
SECTION 3. In the event the proceedings are terminated or abandoned prior to
completion, Counsel shall be paid a reasonable fee for services ren-
dered to date based on an hourly rate of $90.00 per hour, not to
exceed $2,500.00; however, if the proceedings are abandoned prior to
or at the time of a public hearina under the provisions of the "1931
Act", said fee shall not exceed $1,250.00.
SECTION 4. That this Agreement may be terminated by either party hereto by mail-
ing written notice thereof to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first hereinabove written.
ATTEST:
"CITY"
CITY OF CARLSBAD
By:
MAYOR
CITY OF CARLSBAD
STATE OF CALIFORNIA
CTTYaERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
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RESOLUTION NO.7185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE EXPENDITURE
OF FUNDS FOR THE FORMATION OF THE JAMES DRIVE
ASSESSMENT DISTRICT.
BE IT'-RESOLVED by the City Council of the City of Carlsbad, California,
as follows: \
That the fufyds, in the amount not to exceed $60,000, in the Special Assess-
\
ment Revolving Fund)vAccount No. 80-92-44-0519, are authorized to be expended
for the formation of ifhe James Drive Assessment District to be reimbursed from
funds derived from the assessment.
PASSED, APPROVED AND ADOPTED by the \Hty Council of the City of Carlsbad,
California, at a regular meeting held, the \ da^ of , 1983, by
the following vote, to witrj
AYES:
NOES:
ABSENT:
ATTEST:
held the I d\ V /
MARYH\CASLER, Mayor
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
F. MACKENZIE BROWN'
JOHN R. HARPER"
IVAN L. HOPKINS
GEORGE W. McFARLIN
EUGENE A. NAZAREK*
•A PROFESSIONAL CORPORATION
LAW OFFICES OF
BROWN 8 NAZAREK.
895O VILLA LA JOLLA DRIVE. SUITE 2221
LA JOLLA. CALIFORNIA 92O37
(714) 457-2376
IRVINE OFFICE
2171 CAMPUS DRIVE. SUITE 33O
IRVINE. CALIFORNIA 92715
1714) 7S2-8494
May 12, 1983
Roy Kackley, City Engineer
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
RE: ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
Dear Mr. Kackley:
Enclosed herein please find CERTIFICATE OF SUFFICIENCY as it relates to the
above-referenced Assessment District. It is my understanding that Petitions are
now being received from the property owners requesting that the works of
improvement proceed under the assessment district statute. Please have the
signatures checked and examined against the last County Assessor's Roll. If the
name on the Petition is not the same as that on the County roll, please have the
property owner submit evidence or proof that they are the current owner.
Upon your execution of the Certificate I would appreciate a copy being returned
to this office, and I will prepare the appropriate documentation for presentation
to the City Council.
Very truly yours,
F. MACKENZIE BROWN
FMB:bd
encl.
cc: Althea Rautenkranz, City Clerk
Vincent Biondo, Esq., City Attorney
CERTIFICATE OF SUFFICIENCY OF PETITION
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
ROY KACKLEY, the undersigned, hereby CERTIFIES as follows:
That I am the duly appointed CITY ENGINEER of the CITY OF CARLSBAD, CALIFORNIA.
That on the day of , 1983, I reviewed a Petition and
Waiver for the formation of an Assessment District for certain public works of
improvement, together with appurtenances, appurtenant work and acquisition, where
necessary, in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
(hereinafter referred to as the "Assessment District"), a copy of which is on
file in the principal office of the City Clerk.
That I caused said Petition and Waiver to be examined and my examination revealed
that said Petition and Waiver has been signed by property owners representing
more than sixty (60%) percent of the assessable area of lands within the bounda-
ries of the proposed Assessment District, all as prescribed by Section 2804 of
the Streets and Highways Code of the State of California ("Special Assessment
Investigation, Limitation and Majority Protest Act of 1931").
That said Petition and Waiver did represent ^ ( %) percent of the
assessable area of property within the boundaries of the Assessment District.
That said Petition and Waiver meets the requirements of Section 2804 of the
Streets and Highways Code of the State of California.
Executed this day of , 1983, at Carlsbad, California.
CITY ENGINEER
CITY OF CARLSBAD
STATE OF CALIFORNIA